HomeMy WebLinkAbout20060894.tiff EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
FOSTER VALUATION COMPANY, INC.
DATED: February 17, 2006
Work Order Number: Appraisal 02.01
Purchase Order Number:
Project Title: Appraisal Services
Commencement Date: March 3,2006
Completion Date: May 3,2006
Limitations on compensation: $36,000
Project Description: Appraisal Services
Scope of Services: SEE ATTACHED EXHIBIT"B"
Professional agrees to perform the services The attached forms consisting of two (2) pages
identified above and on the attached forms in are hereby accepted and incorporated herein, by
accordance with the terms and conditions this reference, and Notice to Proceed is hereby
contained herein and in the Professional given.
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the Weld Coun 7)
terms of the Professional Services Agreement By:
and this work order (including the attached Project Mana e
forms) the Professional Services Agreement Date:
shall control. '
By:
Profession De art T . ea
By: ,r�� Date: 4)/ /66
W.West Fo r, Principal 9
Date: - / /— By: 6 z
Direct o n ce a Administration
Date: 03/ /2006
�� � E l ♦ By: . le/ad
Chairma ,Weld County Commissioners
0tf4! �� Date: 03/27/2006
O6t r,' .T� '' N, ATTESTING TO BOARD OF COUNTY''� COMMiSSIONER S:GNATUrRES ONLY
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/ WEL OUNTYCLERKTOTHEBOARD
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this/ day of -, 2005, by
and between the County of Weld, State of Colorado,by and on behalf of eld County Public
Works Department, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as"County Department," and Foster Valuation Company, LLC, whose address is
1750 25th Avenue, Suite 204, Greeley, Colorado 80634, hereinafter referred to as"Contract
Professional."
WITNESSETH:
WHEREAS, County Department is in need of hiring an independent contract professional
to perform the following "Professional Services:"the professional services listed in the Scope of
Services attached hereto and referred to herein as "Exhibit B," as ordered by County Department
in accordance with the terms set forth in a"Work Order,"in substantially the form shown on the
attached"Exhibit A," and
WHEREAS, Contract Professional has the time available and is willing to perform the
Professional Services, according to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from August 15, 2005,
through and until August 15, 2006. This Agreement may be extended for
additional one-year periods, not to exceed four(4) additional one-year periods,
upon mutual written agreement of the parties. Changes in compensation for
extension terms shall be negotiated by and agreed to by both parties; however, in
no event shall such change exceed the Denver-Boulder CPI-U as published by
the Colorado State Planning and Budget Office.
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract
Professional agrees to perform the Professional Services for the compensation
provided below. Contract Professional agrees to provide Professional Services in
accordance with the terms of Work Orders issued pursuant to this Agreement by
County Department. County Department reserves the right to independently bid
any project rather than issuing a Work Order to the Contract Professional for the
same,pursuant to this Agreement.
COMPENSATION: County Department agrees to pay Contract
Professional for all service performed hereunder as follows: the Professional
Services shall be provided at the rates set forth in Exhibit B, as may be modified
or limited by Work Order. All compensation amounts payable after the current
fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available. No individual Work Order shall exceed
$50,000 in total compensation.
// �G
3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or
she is an independent contractor and will not become an employee of County
Department, nor is she entitled to any employee benefits from County Department
as a result of the execution of this Agreement.
4. INDEMNIFICATION, DESIGN AND INSURANCE: Contract
Professional shall indemnify County Department, its officers and employees,
against liability for injury or damage caused by any negligent act or omission by
Contract Professional in the performance of this Agreement and shall hold County
Department harmless from any loss occasioned as a result of the performance of
this Agreement. Contract Professional shall be responsible for the professional
quality,technical accuracy, timely completion and the coordination of all services
rendered by Contract Professional and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies.
Contract Professional shall maintain commercial general liability insurance in the
amount of$500,000 combined single limits and errors and omissions insurance in
the amount of$250,000.
5. NON-ASSIGNMENT: Contract Professional may not assign or transfer
this Agreement, any interest therein or claim thereunder,without the prior written
approval of County Department.
6. ACCESS TO RECORDS: County Department shall have access to
Contract Professional's financial records for the purposes of audit. Such records
shall be complete and available for audit 90 days after final payment hereunder
and shall be retained and available for audit purposes for at least five years after
fmal payment hereunder.
7. TERMINATION: Either party may terminate this Agreement at any time
by providing the other party with a 10-day written notice thereof. Furthermore,
this Agreement may be terminated at any time without notice upon a material
breach of the terns of the Agreement.
8. TIME OF THE ESSENCE: Time is of the essence in each and all of the
provisions of this Agreement.
9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes
the entire understanding between the parties with respect to the promises and
covenants made therein. No modification of the terms of this Agreement shall be
valid unless made in writing and agreed to by both parties.
10. NON-APPROPRIATION: No portion of this Agreement shall be deemed
to create an obligation on the part of County Department to expend funds not
otherwise appropriated in each succeeding year.
2
11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of
this Agreement shall be deemed to constitute a waiver of any immunities of
County Department or its officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care with respect
to any persons other than County Department and not a party to this Agreement.
12. COUNTY REPRESENTATIVE: County Department will designate, prior
to commencement of work, its project representative ("County Representative")
who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to County
Representative.
13. MONTHLY REPORT: Commencing thirty(30) days after the date of
execution of this Agreement and every thirty(30)days thereafter, Contract
Professional is required to provide County Representative with a written report of
the status of the work with respect to the Scope of Services, Work Schedule, and
other material information. Failure to provide any required monthly report may,
at the option of the County, suspend the processing of any partial payment
request.
14. ACCEPTANCE NOT WAIVER: County Department's approval of
drawings,designs,plans, specifications, reports, and incidental work or materials
furnished hereunder shall not in any way relieve Contract Professional of
responsibility for the quality or technical accuracy of the work. County
Department's approval or acceptance of, or payment for, any of the services shall
not be construed to operate as a waiver of any rights or benefits provided to
County Department under this Agreement.
15. OWNERSHIP: All work and information obtained by the Contract
Professional under this Agreement or individual work order shall become the
property of the County. This includes,but is not limited to, reports, data,plans,
drawings,records and computer files.
3
IA SS WHEREOF, the parties hereto have signed this Agreement this / ay of
COUNTY DEPARTMENT:
A40ATTEST: , _ieS ` ' / \�`1 fiso
COUNTY OF WELD, a political
bdivision Weld County Clerk to the Board
r- v the STATE OF COLORADO:
By:4iLB fW.A.../ �aro By:
Deputy C r to the Be William H. Jerke, Chair AUG 15 2005
Board of County Commissioners of
the County of Weld
CONTRACT PROFE SIONAL:
By: Date 2 2 ('— 0
Name: , .e sT
Title: Pr_GA
SUBSCRIBED AND SWORN to before me this ass day of al l,ty , ZAPS .
WITNESS my hand and official seal.
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EXHIBIT B
PROPOSAL FOR WCR 74 AT WCR 19 APPRAISALS
Complete appraisals in self-contained narrative reports will be prepared in
conformance with USPAP by Colorado Department of Transportation standards.
All relevant market data will be considered in formulating the opinions of market
value, which is the basis of estimating Just Compensation.
The nine parcels to be appraised are referred to on the right of way map as
Number 1 (PFL Land Holdings LLC), Number 2 (Windsor Reservoir and Canal
Company), Number 3 (John M. Houstoun Living Trust), Number 4 (David E.
Schump), Number 5 (Mark G. Russell), Number 6 (HES, LLC), Number 7 (John
R. Stouffer), Number 8 (K & M Company), and Number 9 (Billy J. Shepard). The
proposed fee for the nine appraisals is not to exceed $36,000.
Four (4) copies of each of the reports, complete with color photographs,
will be provided. If more are needed, they can be provided at time of engagement
at no additional cost. We should have the appraisal reports delivered to you as
soon as possible after notice to proceed. If there are any questions, please call us
at 970-352-1117.
MEMORANDUM
C
COLORADO TO: Clerk to the Board DATE: March 16, 2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Request for Chair's Signature
Under the present Professional Services Agreement with Foster Valuation Company,approval
of Work Order Form, Exhibit A, Appraisal 02.01, WCR 74 at WCR 19 in the amount of
$36,000.00
Attached are two original Work Order Forms for the Chair's signature. Please send one original to
Public Works as soon as it is signed.
The approved Review/Works Session Request is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
Perry Eisenach, Engineering Division Manager
M:AFrancieAAgend-Leon.doc
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2006-0894
L"'I Z, 7 zcu.c
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Professional Services Agreement work order for Foster Valuation Company,LLC (Appraisal
Services)
DEPARTMENT: PUBLIC WORKS DATE: February 22, 20064
PERSON REQUESTING: Perry Eisenach, P.E., Engineering Division Manag
Brief description of the problem/issue:
Under the present Professional Services Agreement with Foster Valuation Company, Public Works Department
is requesting Foster Valuation Company to complete Appraisal Reports for nine parcels on our WCR 74 at
WCR 19 project,with a not to exceed fee of$36,000. Construction of this one and one-half mile long project is
scheduled to begin this fall. These services are necessary for the right-of-way acquisition process and were
planned for as funds are available in the adopted FY2006 budget.
What options exist for the Board? (Include consequences,impacts, costs, etc. of options)
Option#1: Approve the work order. This approval would allow the project to continue on its current schedule.
Option #2: Not approve the work order at this time. This could delay the project from the current schedule of
completing construction this fall. Not completing appraisals for parcels with a value greater than $5,000 would
be inconsistent with Weld County's standard procedures for land acquisition.
Recommendation to the Board:
Public Works recommends approval of this Work Order and requests signature on the enclosed Exhibit "A"
Work Order form.
Approve Schedule
Recommendation Work Session Other
Geile ✓/
Vaad
Jerke
Long
Masden
Attachments
cc: Leon
m:Ieon/appraisal rfp/pass around for value report
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